KNOW YOUR RIGHTS

Renters, don't withhold the last month's rent to punish

RICHARD ALDERMAN

Published
6:30 am CST, Thursday, March 2, 2006

Q: My landlord told me it was illegal for him to use my security deposit for the last month's rent. Is it?

A: It is not illegal, but he may be doing you a big favor. Texas law makes a landlord who wrongfully withholds your security deposit liable for up to three times the amount of the deposit plus an additional $500.

But, the law is a two-way street. If you attempt to use the security deposit as the last month's rent, you may be responsible to the landlord for three times the deposit plus $500. The deposit is for security and you cannot force the landlord to use it for rent. Always pay your last month's rent.

Q: You said Texas consumer law allows me to recover three times my damages. Is that the law in small claims court?

A: The law in small claims court is the same as the law in any other court.

Under the Texas Deceptive Trade Practices Act, you may recover up to three times your damages if you show the person you are suing acted "knowingly."

Q: I am trying to collect child support from the man who fathered my child. He said he is going to court to relinquish his parental rights so he does not have to pay support.

Can he do this?

A: Although it is legally possible for a parent to have his or her parental rights terminated, which would end the obligation to pay support, it is very unusual for a court to grant such a request.

A parent cannot just say, "I don't want this child," and be relieved of the obligation to pay support. The court will terminate a parent's rights only when it is in the best interest of the child.

As a general rule, it is not in the best interest of the child to leave him or her with only one parent.

Q: What can I do if someone does not pay back money I loaned her?

A: This could be a case for small claims court.

First, you should make a formal demand for payment. A certified letter is a good way to do this.

If you are not paid, and the amount is under $5,000, you may file a claim in small claims court.